Tag: Privacy

If you’ve ever been rejected for a job by an algorithm, denied an apartment by a software program, or had your health coverage questioned by an automated system, California just voted to change the rules of the game. On July 24, 2025, the California Privacy Protection Agency (CPPA) voted to finalize one of the most consequential privacy rulemakings in U.S. history. The new regulations—covering cybersecurity audits, risk assessments, and automated decision-making technology (ADMT)—are the product of nearly a year of public comment, political pressure, and industry lobbying. 

They represent the most ambitious expansion of U.S. privacy regulation since voters approved the California Privacy Rights Act (CPRA) in 2020 and its provisions took effect in 2023, adding for the first time binding obligations around automated decision-making, cybersecurity audits, and ongoing risk assessments.

How We Got Here: A Contentious Rulemaking

The CPPA formally launched the rulemaking process in November 2024. At stake was how California would regulate technologies often grouped under the “AI” umbrella-term. The CPPA opted to focus narrowly on automated decision-making technology (ADMT), rather than attempting to define AI in general. This move generated both relief and frustration among stakeholders. The groups weighing in ranged from Silicon Valley giants to labor unions and gig workers, reflecting the numerous corners of the economy that automated decision-making touches.

Early drafts had explicitly mentioned “artificial intelligence” and “behavioral advertising.” By the time the final rules were adopted, those references were stripped out. Regulators stated that they sought to avoid ambiguity and not encompass too many technologies. Critics said the changes weakened the rules.

The comment period drew over 575 pages of submissions from more than 70 organizations and individuals, including tech companies, civil society groups, labor advocates, and government officials. Gig workers described being arbitrarily deactivated by opaque algorithms. Labor unions argued the rules should have gone further to protect employees from automated monitoring. On the other side, banks, insurers, and tech firms warned that the regulations created duplicative obligations and legal uncertainty.

The CPPA staff defended the final draft as one that “strikes an appropriate balance,” while acknowledging the need to revisit these rules as technology and business practices evolve. After the July 24 vote, the agency formally submitted the package to the Office of Administrative Law, which has 30 business days to review it for procedural compliance before the rules take effect.

At today’s meeting, the CPPA Board unanimously voted to adopt a proposed rulemaking package on ADMT, cybersecurity audits, risk assessments, insurance, and CCPA updates. Now, the proposed regulations will be filed with the Office of Administrative Law. pic.twitter.com/A8IB38E66l

— California Privacy Protection Agency (@CalPrivacy) July 24, 2025

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Automated Decision-Making Technology (ADMT): Redefining AI Oversight

The centerpiece of the regulations is the framework for ADMT. The rules define ADMT as “any technology that processes personal information and uses computation to replace human decisionmaking, or substantially replace human decisionmaking.”

The CPPA applies these standards to what it calls “significant decisions:” choices that determine whether someone gets a job or contract, qualifies for a loan, secures housing, is admitted to a school, or receives healthcare. In practice, that means résumé-screening algorithms, tenant-screening apps, loan approval software, and healthcare eligibility tools all fall within the law’s scope.

Companies deploying ADMT for significant decisions will face several new obligations. They must provide plain-language pre-use notices so consumers understand when and how automated systems are being applied. Individuals must also be given the right to opt out or, at minimum, appeal outcomes to a qualified human reviewer with real authority to reverse the decision. Businesses are further required to conduct detailed risk assessments, documenting the data inputs, system logic, safeguards, and potential impacts. In short, if an algorithm decides whether you get hired, approved for a loan, or accepted into housing, the company has to tell you up front, offer a meaningful appeal, and prove that the system isn’t doing more harm than good. Liability also cannot be outsourced: with the business itself, firms remain responsible even when they rely on third-party vendors.

Some tools are excluded—like firewalls, anti-malware, calculators, and spreadsheets—unless they are actually used to make the decision. Additionally, the CPPA tightened what counts as “meaningful human review.” Reviewers must be able to interpret the system’s output, weigh other relevant information, and have genuine authority to overturn the result.

Compliance begins on January 1, 2027.

Cybersecurity Audits: Scaling Expectations

Another pillar of the new rules is the requirement for annual cybersecurity audits. For the first time under state law, companies must undergo independent assessments of their security controls.

The audit requirement applies broadly to larger data-driven businesses. It covers companies with annual gross revenue exceeding $26.6 million that process the personal information of more than 250,000 Californians, as well as firms that derive half or more of their revenue from selling or sharing personal data.

Audits must be conducted by independent professionals who cannot report to a Chief Information Security Officer (CISO) or other executives directly responsible for cybersecurity to ensure objectivity.

The audits cover a comprehensive list of controls, from encryption and multifactor authentication to patch management and employee training, and must be certified annually to the CPPA or Attorney General if requested.

Deadlines are staggered:

• April 1, 2028: $100M+ businesses
• April 1, 2029: $50–100M businesses
• April 1, 2030: <$50M businesses

By codifying this framework and embedding these requirements into law, California is effectively setting a de facto national cybersecurity baseline: one that may exceed federal NIST standards and ripple into vendor contracts nationwide. For businesses, these audits won’t just be about checking boxes: they could become the new cost of entry for doing business in California. Because companies can’t wall off California users from the rest of their customer base, these standards are likely to spread nationally through vendor contracts and compliance frameworks.

Privacy Risk Assessments: Accountability in High-Risk Processing

The regulations also introduce mandatory privacy risk assessments, required annually for companies engaged in high-risk processing.

Triggering activities include:

• Selling or sharing personal information
• Processing sensitive personal data (including neural data, newly classified as sensitive)
• Deploying ADMT for significant decisions
• Profiling workers or students
• Training ADMT on personal data 

Each assessment must document categories of personal information processed, explain the purpose and benefits, identify potential harms and safeguards, and be submitted annually to the CPPA starting April 21, 2028, with attestations under penalty of perjury (a high-stakes accountability mechanism). This clause is designed to prevent “paper compliance.” By requiring executives to sign off under penalty of perjury, California is telling companies this isn’t paperwork. Leaders will be personally accountable if their systems mishandle sensitive data. Unlike voluntary risk assessments, California’s system ties accountability directly to the personal liability of signatories.

Other Notable Provisions

Beyond these headline rules, the CPPA also addressed sector-specific issues and tied in earlier reforms. For the insurance industry, the regulations clarify how the CCPA applies to companies that routinely handle sensitive personal and health data—an area where compliance expectations were often unclear. The rules also fold in California’s Delete Act, which takes effect on August 1, 2026. That law will give consumers a single, one-step mechanism to request deletion of their personal information across all registered data brokers, closing a major loophole in the data marketplace and complementing the broader CCPA framework. Together, these measures reinforce California’s role as a privacy trendsetter, creating tools that other states are likely to copy as consumers demand similar rights.

Implications for California

California has long served as the nation’s privacy laboratory, pioneering protections that often ripple across the country. This framework places California among the first U.S. jurisdictions to regulate algorithmic governance. With these rules, the state positions itself alongside the EU AI Act and the Colorado AI Act, creating one of the world’s most demanding compliance regimes.

However, the rules also set up potential conflict with the federal government. The America’s AI Action Plan, issued earlier this year, emphasizes innovation over regulation and warns that restrictive state-level rules could jeopardize federal AI funding decisions. This tension may play out in future policy disputes.

For California businesses, the impact is immediate. Companies must begin preparing governance frameworks, reviewing vendor contracts, and updating consumer-facing disclosures now. These compliance efforts build on earlier developments in California privacy law, including the creation of a dedicated Privacy Law Specialization for attorneys. This specialization will certify legal experts equipped to navigate the state’s intricate web of statutes and regulations, from ADMT disclosures to phased cybersecurity audits. Compliance will be expensive, but it will also drive demand for new privacy officers, auditors, and legal specialists. Mid-sized firms may struggle, while larger companies may gain an edge by showing early compliance. For businesses outside California, the ripple effects may be unavoidable because national companies will have to standardize around the state’s higher bar.

The CPPA’s finalized regulations mark a structural turning point in U.S. privacy and AI governance. Obligations begin as early as 2026 and accelerate through 2027–2030, giving businesses a narrow window to adapt. For consumers, the rules promise greater transparency and the right to challenge opaque algorithms. For businesses, they establish California as the toughest compliance environment in the country, forcing firms to rethink how they handle sensitive data, automate decisions, and manage cybersecurity. California is once again setting the tone for global debates on privacy, cybersecurity, and AI. Companies that fail to keep pace will not only face regulatory risk but could also lose consumer trust in the world’s fifth-largest economy. Just as California’s auto emissions standards reshaped national car design, its privacy rules are likely to shape national policy on data and AI. Other states will borrow from California, and Washington will eventually have to decide whether to match it or rein it in.

What starts in Sacramento rarely stays there. From Los Angeles to Silicon Valley, California just set the blueprint for America’s data and AI future.